ExpertLaw Forum - Help With Your Legal Questions
Financial Crimes and Fraud Offenses involving fraudulent financial transactions, embezzlement, forgery, insurance fraud, and misuse of checks and credit cards.

Reply
 
Thread Tools Display Modes
  #1  
Old 02-09-2008, 02:13 PM
mfisl68 mfisl68 is offline
Junior Member
 
Join Date: Feb 2008
Posts: 3
Default Can I File Charges Against A Client Who Stopped Payment
I have a bookkeeping service in California for about 6 years now with various clients. One particular client that was not too happy about a mistake I made on his account. In the interim the client had all funds that were paid to my company reversed. Now there is my account is in the red for the checks written ($9000.00). According to my bank the Payee is stating that he never signed checks and I forged his signature. I never sign any checks on his account I simply present him with the bills along with the checks and he signs all in front of me. All checks written to me were for services rendered. I am assuming if these checks were reversed againgst my account he had to file a police report. I haven't heard from anyone yet but I was wondering if he might have done so and what to expect. There must be some way business owners can protect themselves from vindictive clients such as this. What can expect in this case? Will there be criminal charges and can I file a police report on client for stopping payment on these checks for services rendered?
Reply With Quote
  #2  
Old 02-09-2008, 03:43 PM
cdwjava cdwjava is offline
Senior Member
 
Join Date: Sep 2005
Location: California
Posts: 6,211
Default Re: Can I File Charges Against A Client Who Stopped Payment
This sounds like a civil issue, not a criminal one. You may have to sue for your money.

If he is alleging you forged signatures, then a report might have been filed. I suspect, however, if the police were investigating a crime they would have spoken to you already.

When you say he had all funds reversed, just HOW does one do that? Did he simply cancel recent checks?

Unless it can be proven that he sought and received services with the intent not to pay, then it is not a crime. Your redress is likely to be in civil court.

But, you can always call the police and ask them what they think.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"


He Who Kneels Before God
Can Stand Before Anyone

....author unknown
Reply With Quote
  #3  
Old 02-10-2008, 09:31 AM
mfisl68 mfisl68 is offline
Junior Member
 
Join Date: Feb 2008
Posts: 3
Default Re: Can I File Charges Against A Client Who Stopped Payment
Thanks for the reply. I don't know all the funds are reversed by a bank. I am also confused by this . I called my bank and they stated that some of the checks were marked "NSF" and "return to maker". My guess is that in order for my client to reverse these funds he would have to file a police report as the bank would request such actions. I have received no calls by any investigating officers to date.

I don't know where to go from here because the client won't return my calls. Therefore, I presume I may have to seek legal assistance.
Reply With Quote
  #4  
Old 02-10-2008, 10:30 AM
cdwjava cdwjava is offline
Senior Member
 
Join Date: Sep 2005
Location: California
Posts: 6,211
Default Re: Can I File Charges Against A Client Who Stopped Payment
Whose checks were returned NSF? Checks YOU wrote? Or the checks the client wrote?

You do know that NSF refers to Non Sufficient Funds, don't you?

There is no way that a client can have a bank "reverse" check payments already made, so long as the checks were good - at least not from YOUR account. The client CAN stop payment on his own checks to you, however, if he did so before they completely cleared.

If you do not know what happened, then you need to do some checking before an appropriate response can be made.

Simply filing a police report does not give the client the ability to take money from you. It might allow the bank to start an investigation if the client alleges fraud in filing an affidavit of forgery to his bank.

This still sounds like a civil issue.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"


He Who Kneels Before God
Can Stand Before Anyone

....author unknown
Reply With Quote
  #5  
Old 02-11-2008, 09:22 AM
mfisl68 mfisl68 is offline
Junior Member
 
Join Date: Feb 2008
Posts: 3
Default Re: Can I File Charges Against A Client Who Stopped Payment
The client's checks were returned by his bank as NSF and Return to maker. I don't have the copies of the checks yet my bank will be sending me the checks. I'm giving you information my bank provided to me.

Thanks for the information. It was very informative. I will proceed with gathering my information and seeking a lawyer. Thanks.
Reply With Quote
Sponsored Links
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Forum Sponsor

Similar Threads
Thread Forum Last Post
Client Put Stop Payment On A Check For Work Already Completed Home Construction, Repair and Renovation 01-06-2008 04:18 PM
Mutual Client Ethics Business Disputes 10-25-2007 02:39 PM
Threatened Lawsuit After Taking A Job With Former Employer's Client Contracts and Policies 08-28-2007 01:59 PM
Payment On Hold Over Notice Period Violation Business Disputes 07-01-2007 10:08 AM
Who can file charges for battery Assault, Battery And Domestic Violence 07-20-2005 02:12 AM



All times are GMT -7. The time now is 04:01 AM.

Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved